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HomeMy WebLinkAbout37-City Attorney 1 J: L1~ - CITCi O~ SAN BERNARDI~ - REQU~T. FOR COUNCIl' AC"30N From: Ralph H. Prince Subject: Secondary Access De~: City Attorney Date: October 24, 1986 Synopsis of Previous Council action: 9/23/86 proposed ordinance was referred back to the City Attorney to incorporate suggested amendments brought out at Council meeting of September 23, 1986, and continued to October 6, 1986. 10/6/86 Ordinance continued to October 20, 19B6. 10/20/86 Ordinance No. MC-551, relating to two means of access within the high fire hazard area was adopted; ordinance relating to two means of access outside the high fire hazard area was continued to November 3, 1986 in order to clarify the standards outside the higo'fire hazard area. Recommended motion: Waive further first reading of ordinance and layover for final adoption. ~1J14;~v Signature Contact person: Cynthia Grace Phone: 5056 FUNDING REQUIREMENTS: Amount: None Sou ree: N/A N/A Supporting !lata attached: Yes Ward: Finance: Council Notes: 75-0262 Agenda Item No $ 7, 4' J,. L_ &. - - c.~ O.F SAN BERNARDI~ - REQU~T FOR COUNCIL AC~ON STAFF REPORT On October 6, 1986, the Mayor and Common Council adopted Agenda Item No. 32a, Ordinance No. MC-551. That ordinance amended the policy and procedures with respect to secondary means of access within the high fire hazard area. That Agenda also contained Item No. 32b, which related to policies and procedures with respect to secondary access outside the high fire hazard area. This ordinance was referred back to the City Attorney to ensure that the law with respect to secondary access outside the high fire hazard area remains the same as that currently in force. To ensure that the law with respect to secondary access outside the high fire hazard remains the same as is currently in force and, to ensure consistency with the language of the Ordinance No. MC-551, the language of Ordinance No. MC-551 has been incor- porated with the current provisions for secondary access outside the high fire hazard area to form a new ordinance. This ordinance is submitted for your approval today. 75.0264 - - ~L l . o o o o 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 18.40.160 OF THE SAN BERNARDINO MUNICIPAL CODE TO RESTATE THE 3 PROVISIONS OF EXEMPTION FROM THE TWO STANDARD ACCESS ROUTE REQUIREMENT FOR SUBDIVISIONS WITHIN AND OUTSIDE THE HIGH FIRE 4 HAZARD AREA. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 6 ORDAIN AS FOLLOWS: 7 8 .9 SECTION 1. Section 18.40.160 Subsection C of the San Bernardino Municipal Code is amended to read: .C. Exemption from requirements. 10 11 1. Property outside the high fire hazard area. a. Upon a specific finding that the public health, 12 safety, and welfare in the event of flood, fire or other emergency 13 do not require both of such routes, under the circumstances of 14 that particular application, the Fire Chief may approve any such 15 map with only one standard access where the property is outside 16 the high fire hazard area, and based on appropriate traffic 17 analysis, secondary access is not required for traffic circulation 18 purposes 1 or 19 b. An existing street provides only one standard 20 route for ingress and egress, not more than two thousand feet of 21 street extension is required, and the parcel map creates not more 22 than two residential lots, one of which the applicant represents 23 will be occupied as his or her primary place of residence. 24 2. Property within the high fire hazard area. 25 Where the subject property is located within the high fire 26 hazard area, the Mayor and Common Council, upon recommendation of 27 the Planning Commission, may approve a tentative map, final map, 28 tentative parcel map, or parcel map, with one standard and one non -.. - - o o o o 1 standard access route where it is found that with respect to the 2 non-standard access route: 3 a. The public health, safety and welfare do not 4 require that the secondllry access be a standard routel 5 b. That such route shall be designed and maintained 6 to support the imposed load of fire apparatus and shall have a 7 surface sufficient to provide all-weather driving capabilitiesl 8 c. That such route is at least two lanes in width 9 to accommodate emergency vehicles. The Fire Chief shall conduct 10 an investigation and make a recommendation to the Planning 11 Commission as to whether any non-standard secondary access shall 12 be paved. The Planning Commission shall make its recommendation 13 based thereon to the Mayor and Common Council which shall make the 14 final determination as to whether the non-standard access route 15 shall be pavedl 16 d. A city-approved traffic analysis has been 17 completed which documents that a second standard access is not 18 needed for general traffic circulation. 19 3. General conditions for a non-standard access route 20 outside of or Mithin a high fire hazard area. 21 a. Requirement of dedication and perpetual 22 maintenance. Any non-standard access route shall be over a .23 dedicated right-of-way or irrevocable easementl such route may be 24 over an easement granted to lIny public entity when such easement 25 permits provision for the perpetual maintenance of the access 26 routes in the manner approved by the City at the time of its 27 approval of the final map, tentative parcel map, or parcel map. 28 b. Improvement of access route upon further -2- . o ~ tIl ~_ ~ o o o 1 development. At such time as further development occurs which 2 would provide an access route to a subdivision over a route 3 previously approved by the Mayor and Common Council pursuant to 4 the provisions of this section, that route shall be dedicated and 5 fully improved to a standard width for a street of its type, with 6 curbs, gutters, sidewalks and such other street improvements as 7 8 9 10 may be required under this code or any other ordinacnes or policy. . r I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San 11 Bernardino at a meeting thereof, held , 1986, by the following 12 on the day of 13 vote, to wit: . 14 15 16 17 18 19 20 21 of 22 23 24 25 AYES: Council Members NAYS: ABSENT: City Clerk The foregoing ordinance is hereby approved this day , 1986. Mayor of the City of San Bernardino Approved as to form: 26 27 ~1h4:d/ City Attorney 28 -3-